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Enabling Development Statement

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Enabling Development Statement Enabling Development Statement On behalf of: In respect of: “Outline mixed use proposal for retail (Use Class A1) with associated petrol filling station and car parking (providing space for mobile library), food and drink (Use Classes A3, A4 and A5) / day nursery (Use Class D1) and residential (Use Class C3) alongside the provision of a community and sports facility (Use Classes D1 and D2), public open space (including formal playing pitch provision), and other associated infrastructure (inclusive of linkage to consented Langarth/Stadium sites). [Means of access to be determined only]” Date: August 2014 Reference: GH/MO/R0002v3 Cardiff Sophia House, 28 Cathedral Road, Cardiff CF11 9LJ Tel: 029 20660265 Executive Summary This planning application will enable the construction of the Stadium for Cornwall. It achieves this through capital raised from the development of a mixed-use scheme at West Langarth. The profit from this scheme is used to fund the construction of the stadium, with any additional profit from the planning application held to facilitate subsequent phases of development of the stadium to meet the needs of the tennents, the Cornish Pirates Rugby Union Club and Truro City Football Club. The principle of enabling development is well-established, having been used to facilitate a wide range of proposals throughout the UK over the past 20 years, specifically, a number relating to the provision of community and sports stadia. As such, the principle of enabling development is lawful and well established. The planning application will be linked to the enabling of the stadium through a S106 legal agreement. As such, there is no risk of the stadium not being delivered if panning permission is granted for the West Langarth proposals. In helping to facilitate the Stadium for Cornwall, there will be a range of community benefits secured. These include high quality sporting facilities for both the local community and a number of the County’s premier sporting teams, as well as associated conferencing and seminar facilities. Contents 1.0 Introduction 4 2.0 The Proposal 5 3.0 Enabling Development 7 4.0 The Enabled Development 13 5.0 Summary and Conclusions 20 West Langarth, Truro 2 1.0 Introduction 1.1 This Enabling Development Statement has been prepared on behalf of Inox Property Ltd, Henry Boot Developments and Inox Group in support of an outline planning application at West Langarth Truro for: “Outline mixed use proposal for retail (Use Class A1) with associated petrol filling station and car parking (providing space for mobile library), food and drink (Use Classes A3, A4 and A5) / day nursery (Use Class D1) and residential (Use Class C3) alongside the provision of a community and sports facility (Use Classes D1 and D2), public open space (including formal playing pitch provision), and other associated infrastructure (inclusive of linkage to consented Langarth/Stadium sites). [Means of access to be determined only]” 1.2 The current application for mixed use development represents a proposal which will enable delivery of the Stadium for Cornwall scheme. This report examines the principle of enabling development, detailing how the current proposal will facilitate construction in respect of the stadium development and the various community and public benefits that will result. 1.3 Section 2 of this assessment sets out details of the application proposal. Section 3 examines the principle of enabling development. Section 4 sets out the community benefits of the proposal and Section 5 provides a summary and conclusions. West Langarth, Truro 3 2.0 The Proposal 2.1 The application is submitted in outline with all matters except access reserved for future consideration. The proposal comprises the following elements: • 1 no. Class A1 Foodstore (5,574 sq m gross); • 1 no. Petrol Filling Station (12 pumps); • 5 no. Class A1 Comparison Goods Units (929 sq m gross each); • Class A3, A4, A5, D1 Use (929 sq m gross); • Up to 130 Residential Units (Use Class C3); • 1 no. Community/Sports Building (Use Class D1/D2); • Provision of space to accommodate Mobile Library; and • 3 no. sports pitches and areas of public open space. 2.2 Importantly, the capital receipt generated by the current proposal will enable the delivery of the construction of the multi million pound Stadium for Cornwall, located to the east of the application site. The Stadium Development 2.3 It has previously been identified by the local authority that there is an existing deficiency of sports stadia provision within the County, with a subsequent need identified for development of a Cornwall Community Stadium. 2.4 Feasibility work undertaken on behalf of the Council recommended provision of a 10,000 person capacity Stadium for Cornwall. It is intended that the new facility will become home to Truro City Football Club and the Cornish Pirates Rugby Union team, both of which are constrained by their current home grounds. 2.5 In reviewing potential sites within the County boundary, it was concluded that the preferred site included land owned by the Inox Group at Threemilestone. Consequently, following partnership working between the local authority, landowner and other interested parties, an outline planning application was submitted and later approved for the erection of a 10,000 person stadium (D2) (LPA ref. PA11/06125). 2.6 Provision of a Stadium for Cornwall in this location was further reinforced through its inclusion as a key vision for the area within the ‘Land North of the A390 Truro/Threemilestone Development Brief’’ which was adopted in January 2012 as a material consideration in the determination of relevant planning applications. West Langarth, Truro 4 2.7 Finally, approval of the reserved matters for the stadium was secured by Cornwall Community Stadium Limited in April 2013 (reference PA12/09036) meaning that a start on site could be made. 2.8 Notwithstanding the planning approval for the stadium, in the context of the current economic climate and the very significant costs associated with stadium construction, funding is required to ensure delivery of this valuable community facility. 2.9 A request made to Cornwall Council for funding assistance was rejected and whilst the applicant has engaged and made enquiries to various sporting groups and governing bodies who may ultimately benefit from use of the stadium or have access to grant funding, it is apparent that private sector funding is the only way of guaranteeing delivery of this project. In this respect, the proposed enabling development on land to the west of the stadium site, presents the only realistic opportunity to facilitate stadium delivery as well as the numerous benefits the proposal will bring in its own right. Crucially, the application will fund the stadium with no public sector funding being required. 2.10 In addition to providing the wider community and spin-off benefits associated with a new Stadium for Cornwall at Threemilestone, it is considered imperative to the long term success and growth of the County’s main sporting teams that a new and improved facility is made available for use. The various benefits are covered in more detail in Section 4 of this Statement, however, for the Cornish Pirates Rugby Union team who currently play in the Greene King IPA Championship, as well as Truro City Football Club, the new stadium scheme will not only provide new, modern training and playing facilities which will help to progress the Clubs’ professional standings, but also there will be increased spectator capacity in an attractive environment. This will help in ensuring increased attendance both from local fans and those travelling from further afield in support of opposing teams. West Langarth, Truro 5 3.0 Enabling Development 3.1 The following section provides a background to the principle of ‘enabling development’ and demonstrates how the current proposal is considered to be a wholly acceptable development in planning terms, that will ultimately help to secure the delivery of a wide range of valuable social, cultural and economic community benefits for Truro and the wider community of Cornwall. The Principle of Enabling Development 3.2 The principle of the ‘plan-led’ system is set out in Section 38 (6) of the Planning and Compulsory Purchase Act 2004. This states that: “If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise”. 3.3 Section 70 (2) of the Town and Country Planning Act 1990 requires that a local planning authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. 3.4 The concept of ‘enabling development’ refers to development that may not ordinarily be acceptable in planning terms but, on the basis that it will bring about overriding associated public benefits, it can be considered as a material consideration and, when appropriate, justified on balance to be acceptable. 3.5 Essentially, consideration and determination of an enabling development proposal requires the decision maker to balance the degree of any potential harm resulting from the enabling development proposal against the social, cultural and/or economic public benefit that will be gained. 3.6 Whilst there is no statutory definition of enabling development, the National Planning Policy Framework (“NPPF”) does consider the principle. This is principally in the
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